Firm Secures Summary Judgment Win for The Hershey Company in Slack-Fill Case

February 16, 2018

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On behalf of The Hershey Company, Patterson Belknap scored a win in a putative class action regarding the packaging of candy products. The plaintiffs alleged that empty space—or “slack-fill” —in 4-ounce boxes of Reese’s Pieces® and 5-ounce boxes of Whoppers® was misleading, causing the plaintiff to believe he was getting more candy than he actually received. On February 16, 2018, the United States District Court for the Western District of Missouri granted the Firm’s motion for summary judgment, determining the plaintiff “was not misled by the packaging,” and dismissed the case.